Thierry Montoya’s Legal Guides

Carrier Obligated to Defend a Remediation Contractor Based on Time on Risk Must Also Indemnify

July 6, 2012 5:21pm

Arrowood appealed from a final judgment following a bench trial on stipulated facts and evidence. Arrowood issued a Commercial General Liability ("CGL") policy to Five Star, a general contractor working on a remediation project, effective July 1, 2002 to July 1, 2003. Travelers i...

State Was A Clean Water Act "Operator" Of Reclaimed Surface Mining Cites, Subject To NPDES Requirements

July 6, 2012 5:19pm

The West Virginia Highlands Conservancy and West Virginia Rivers Coalition ("Conservancy") filed a citizen suit under 33 U.S.C. 1365, alleging that Randy Huffman, in his official capacity as the Secretary of the West Virginia Department of Environmental Protection ("WVDEP") had ...

Consent Decree Between State and BNSF on CECRA Claims Does Not Bar Pursuit of Private Common Law Restoration Claims

July 6, 2012 5:16pm

A group of 151 Livingston, Montana residents ("Private Plaintiffs") filed a state court action in September 2007.The Private Plaintiffs allege that property they own was contaminated by diesel fuel, solvents, and other toxic substances they allege originated from BNSF's Livingsto...

In 2007, the Tribe filed with the Commission a motion asking that interim environmental conditions be imposed in PacificCorp's annual licenses.Specifically, the Tribe requested that the Commission immediately impose the conditions with respect to ramping rates and minimum flows....

The Corps' Rapanos Jurisdiction Fails As There Is No "Significant Nexus" Between Project Wetlands And A Tributary

July 6, 2012 5:12pm

After exhausting all administrative avenues for relief, Precon brought this action against the Corps challenging whether the Corps had demonstrated a significant nexus between wetlands Precon sought a permit for filling as part of its Chesapeake, Virginia development ("Property")...

Plaintiff is a mining association in Appalachia.It filed suit alleging that EPA and the Army Corps unlawfully changed the Clean Water Act section 404 permitting process by requiring compliance with the June 11, 2009 EnhancedCoordination Process Memoranda, and the April 1, 2010 De...

EPA’s Review of California’s Implementation Plan for Meeting Oz

July 6, 2012 5:08pm

On Petition for Review of an EPA Final Order, the Association of Irritated Residents, Natural Resources Defense Council and other environmental groups (Association) challenged EPAs approval, in part, and disapproval, in part, revisions to Californias California Implementation Pla...

Appellants own the Service Station acquired from Shell (Service Station). Appellee Sol is foreign corporation that is authorized to do business in Puerto Rico. Sol is responsible for the USTs, pipelines and equipment at the Service Station. Appellants brought this RCRA action all...